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4 _ Brewster Planning Board O
a D r BREWSTER ICENTENNIAL
co 2198 Main Street
_� Brewster, Massachusetts 02631-1898
(508) 896-3701 O
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``� FAX (508) 896-8089
March 15, 2005
7:OOPM AMENDMENT TO ZONING BYLAW/TABLE 3, HEIGHT AND BULK REGULATIONS
TOWN OF BREWSTER
ARTICLE NO. 25 To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts
by amending chapter 179, Section 179-16 Table 3 to amend the following column as currently written:
Currently written:
Maximum Percentage of
Total Interior Floor Area to
Lot's buildable uplands
(percent)
20
15
Amendment:
Maximum Percentage of
Total Interior Floor Area to
Lot's buildable uplands
(percent)
80
60
7:05PM Continued - LEGAL HEARING—MODIFICATION OF SPECIAL PERMIT #2001-05-01
- DEFINITIVE CLUSTER SUBDIVISION PLAN—HERMAN, PETER—Located off
Landing Drive on Assessors' Map 48, Lot 8—purposed to move the 6ft wide pedestrian
access easement from lots 5 & 6 to between lots 3 & 4, continuing on to Long Pond and to
create a 6ft wide foot path of open space from lots 5 & 6 to land of Karen Malkus and Peter
G. Herman.
7:10PM LEGAL HEARING—SPECIAL PERMIT#SP2005-04— CORRIDOR OVERLAY
PROTECTION DISTRICT BYLAW—Crossroads for Kids - Located at 46 Featherbed
Lane, on Assessors' Map 38, Lot 36— Construct 35' x 65' open program pavilion, seasonal
use at summer camp.
7:30PM Article#26 To see if the Town will vote to amend the code of the Town of Brewster,
Chapter 179, also known as the Zoning Bylaws, 179-26 Residential Lots of Record , Subsection
A, deleting the word"building", and insert new language in last sentence. Subsection B inset the
word "yard" between "depth, and or" and new language:
179-26. Residential lots of record.
A. One (1) single-family dwelling may be erected on any lot, regardless of a common ownership
with that of adjoining land located in the same residential district which, as of May 7, 1973,
contained at least fifteen thousand (15,000) square feet and had a minimum frontage of one
hundred (100) feet and complied with the rules and regulations of the Planning Board, if any, in
effect at the time of endorsement and provided, further, that the proposed structure is to be
located on such lot so as to conform to the minimum requirements of front, rear and side yard
setbacks and to all other requirements for such structures in effect at the time of Plan
endorsement; provided, however, if there are no applicable setbacks, the front yard shall
be 30 feet and the side and rear yards shall be 20 feet.
B. Certain lots are exempted from current dimensional requirements by MGL C. 40A, - 6. In
addition, any increase in lot area, width, depth, yard or frontage requirements shall not apply to
erection, extension or alteration or moving of a structure on a lot not meeting current
dimensional requirements, provided that, as of June 25, 1978, such lot was a legal building lot
and had lot area of at least five thousand (5,000) square feet and street frontage of at least fifty
(50) feet. Any structure to be located on such lot shall conform to the setback requirements
in effect at the time of plan endorsement; provided, however, if there are no applicable
setbacks, the front yard shall be 20 feet and the side and rear yards shall be 10 feet.
Article#27 To see if the Town will vote to amend the code of the Town of Brewster, Chapter 179,
also known as the Zoning Bylaws, Article 1, "General Provisions" 179-2 Definitions, Subsection B, to
deleting the definition of the word "STRUCTURE" in its entirety and replace.
STRUCTURE -- A combination of materials for occupancy or use, such as a building, bridge, trestle,
tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers,
wharves,bin, fence, sign or the like.
and replacing it with the following:
STRUCTURE—A combination of materials assembled at a fixed location to give support or shelter,
such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fences over six feet
high, sign, flagpole, recreational tramway, mast for radio antenna, or the like. The word "structure"
shall be construed, where the context requires, as though followed by the words, "or part or parts
thereof', consistent with the Massachusetts State Building Code, 6`" Edition.
Article#28 To see if the Town will vote to amend the code of the Town of Brewster, Chapter 179,
also known as the Zoning Bylaws, Article I, "General Provisions" 179-2 Definitions, Subsection B, to
add the word"or structure" after the words "building wall" in each of the following three definitions:
Yard, Front—A space extending the full width of the lot between the front line of the nearest building
wall "or structure" and the front line.
Yard, Rear—A space, unoccupied except by an accessory structure or accessory use as herein
permitted extending for the full width of the lot, between the rear lot line of the building wall "or
structure" and the rear lot line.
Yard, Side—An unoccupied space extending for the full length of a building between the nearest
building wall "or structure" and the side lot line.
Article#29 To see if the Town will vote to amend the code of the Town of Brewster, Chapter 179,
also known as the Zoning Bylaws, Article I, "General Provisions" 179-2 Definitions, Subsection B, to
add the word "natural" after the word "adjacent" in the following definitions:
HEIGHT—The vertical distance from the mean level of the adjacent natural ground to the top of the
structure, measured at the highest roof beams of a flat roof or the highest gable or slope of a hip roof.
Article No.30 . To see if the Town will vote to amend the Code of the Town of Brewster,
Massachusetts by amending Chapter 179—52- Variances., Paragraph A by deleting the word
"including" and substituting the word "excluding"therefore in the first sentence of that paragraph, so
that the first sentence of that paragraph which currently reads:
"A. The Board of Appeals may hear and decide appeals or petitions for variances from the terms of
this chapter including variances for use, with respect to particular land or structures."
will read as follows if this Article is approved:
"A. The Board of Appeals may hear and decide appeals or petitions for variances from the terms of
this chapter excluding variances for use, with respect to particular land or structures."
ARTICLE NO. 31 . To see if the Town will vote to amend the Code of the Town of Brewster ,
Massachusetts by amending Chapter 179— 11 (B.), Table 1, Use Regulations, to Add "P" under"I"
under Residential the line designated: "#2. Commercial parking lot or structure" in its entirety
and insert in its place the following the following new language in a new Paragraph 22.as follows:
R-R R-L R-M C-H V-B I MRD PW
SCF
2. 1-family dwelling unit for the o - - - P P P
personnel
i
for the protection of property a
safe operation of the permitted
provided that the dwelling unit
attached to the structure housin
the permitted use and that it me
other pertinent requirements of
chapter and said use to be
permitted in C-H District
Article# 32 To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts
by deleting Chapter 179, Section 67(A)(1) in its entirety and inserting in its place the following new
language in a new Paragraph (A)(1), as follows:
Delete as currently written:
A. Transportation standards.
(1) Proposed uses shall not degrade the existing levels of service of surrounding roads and
intersections, including Route 6A, below Level of Service (LOS) C, based on summer
peak-hour traffic volumes. This level of service for Brewster's roadways and intersections
surrounding Route 6A and for Route 6A has been defined in the Route 6A Corridor
Study, prepared by TAMS Consultants, Inc., June 1992. This study is available in the
town offices (Planning Board and Board of Selectmen). When the existing LOS is below
LOS C, the proponent shall maintain or improve performance indicators.
And insert the following new Language:
A. Transportation standards.
(1) Proposed uses shall not degrade the existing levels of service of surrounding roads and
intersections, including Route 6A, below Level of Service (LOS) C, based on summer
peak-hour traffic volumes. The capacity and level of service for Brewster's roadways and
intersections surrounding Route 6A and for Route 6A shall be computed as follows: A
Base Year capacity and level of service analysis shall be computed for the roadway
network including site driveways, site access links and intersections (if appropriate).
LOS analysis shall include heavy vehicle percentages as measured and where appropriate.
Performance indicators such as delay, travel time, volume/capacity ratio, queue length,
and traffic density, shall be documented. A weave, merge, diverge and ramp road
segment analysis shall be included where applicable. Also, departure lane merge capacity
shall be addressed as required and saturation flow rates adjusted accordingly. These
analyses shall be performed using the most recent Highway Capacity Manual, and any
updates published by the Transportation Research Board. If computer software is used for
intersection analysis, the permitting authority reserves the right to approve the type and
version of computer software used for the analysis. When the existing LOS is below LOS
C, the proponent shall maintain or improve performance indicators.
Article No. #:25 To see if the Town will vote to amend the Code of the Town of Brewster,
Massachusetts, by amending Chapter 179, Section 16, Table 3, to amend the following column as
currently written by deleting the word "Interior" in the title, amend "20" and"15" from column and to
add a footnote to Table 3:
Currently written:
Maximum Percentage of
Total Interior Floor Area to
Lot's buildable uplands
(percent)
C-H 20
V-B 15
Amendment:
Maximum Percentage of Total Floor Area to
Lot's buildable uplands
(percent)
C-H 80*
V-B 60*
And by adding above the term "NOTES"the following footnote:
*Total Floor Area shall mean the sum (in square feet) of the area at each floor level, including cellars,
basements, mezzanines, penthouses, corridors, lobbies, and other spaces that are included within the principal
outside faces of exterior walls, not including architectural setbacks or projections. Included are all stories or
areas that have floor surfaces with clear standing head room (6 feet, 6 inches, minimum) regardless of their use.
Also included are enclosed storage buildings. Where a ground level area, or part thereof, within the principal
outside faces of the exterior walls is left unenclosed, the gross floor area of the unenclosed portion is said to be
considered as a part of the overall square footage of the building. All unroofed areas are to be excluded from the
area calculations.
8:OOPM Continued LEGAL HEARING — SPECIAL PERMIT #SP2005-01 — CORRIDOR
OVERLAY PROTECTION DISTRICT BYLAW—Colson - Located at 52 Commerce Park
, on Assessors' Map 46, Lot 41-4 — New metal garage (36' x 45') for storing vehicles &
equipment for landscape business.
Review of FYI items.
Any other business that may come before this Board.
SignatureAdm. Clerk/Sec
Date Posted
S.A.P. Cancelled Rescheduled Meeting
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